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I already addressed that swpat article a while ago: https://news.ycombinator.com/item?id=15218068

It provides weak support for your position, because most of the cases it cites are for things that clearly follow different rules and precedents than patents do. Pretty sloppy for an "actual US Patent lawyer" if you ask me. More importantly, "broader in scope" does not imply "exclusive of". The implicit license might indeed be broader and there's still no whiff of either extinguishing the other. As I've said repeatedly, when contracts (of which licenses are a subset) are written to supersede something else, they say so. There's no implicit nullification.



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